Application of the principles of proportionality and legality in the disciplinary law, at the time of the appraisal of the disciplinary sanction for the officials of the judicial branch

• Main Authors: Sandra Milena López López, Karen Alicia Paba López, Alexandra Victoria González
• Format: Article
• Language: Spanish
• Published: Universidad Santo Tomás 2018-08-01
• Series: Via Inveniendi Et Iudicandi
• Subjects: principio de proporcionalidad; principio de legalidad; sanción; proceso disciplinario; funcionarios; rama judicial
• Online Access: https://revistas.usantotomas.edu.co/index.php/viei/article/view/4510

The correct application of the proportionality principle in disciplinary matters, has generated a series of conflicts for the disciplinary judge at the moment to sanction the officers of the Judicial Branch, generating in some occasions a strong tension with other constitutional and legal principles, whereby its pretended with this document to stablish if actually the proportionality and legality principles are rightly applied, specifically about the officers of the Judicial Branch, investigated and judged by the Sectional and Superior Councils of the Judiciary. This article pretends then to determine, if the normative elements inside the 734 of 2002 Law, are sufficient and suitable to applicate correctly the proportionality principle harmonically with the legality principle, at the moment to stablish the disciplinary sanction that is imposed to the officers of the Judicial Branch; all this developed under the frame of a legal social investigation, that inquires at the bottom of the disciplinary jurisdiction —disciplinary operators— the legal and factual phenomena that they deal with at the moment to quantify the sanction, using at the time an inductive deductive investigation method, analyzing a few disciplinary decisions where officers of the Judicial Branch had been sanctioned. Finally this dissertation will be developed analyzing the application of this two principles in the disciplinary, legislative field and the decisions of the Constitutional Court, to present a series of recommendations facing the application of the disciplinary power in the investigations followed to the officers of the Judicial Branch.